Gary Jones Association - Steps You Can Take

Victims of elder abuse, neglect and exploitation are three times more
likely to die at an earlier age.

COMMON FORMS
OF ABUSE

Many people mistakenly assume that only battered paople are abused.

TAKE ACTION

"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has."
Dr. Margaret Mead

Gary A. Jones

When Gary Jones became sick with terminal cancer, his caregiver denied him visitation with his children.

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Gary Jones Association steps you can take to help prevent and eliminate elder abuse.

It's important to remember abuse is never the victim's fault. Abuse cannot be justified in any way. No one deserves to be abused. Abuse happens because there is something wrong with the abuser, which prevents the abuser from communicating in a healthy, constructive manner.

Once abuse is identified, there are steps you can take or help your loved one take to escape the abuse. The chain of abuse must be broken to protect a vulnerable adult.

Five steps for abuse intervention:

1 Take all threats seriously. If you have witnessed a threat or abuse of any kind (physical, emotional, financial), write it down. Document the details of the abuse, any witnesses and what they saw or heard.

2 Find a professional who can serve as an advocate for the vulnerable adult and who can provide assistance to resolve the situation. An advocate can defend or maintain the elder or ill person's wishes. The advocate also can be used to identify, prevent or curb abuse depending on the progression of the abuse.

A family counselor, hospice worker or a member of the clergy, are potential advocates. By having a professional involved, the situation is documented to help prevent further infractions while building evidence to sustain a viable argument against the abuser. A professional can also provide pragmatic solutions based on past experience with other similar situations.

An advocate must be someone you trust. He/she should not have any prior ties to the abuser.

It's critical the advocate be willing to act in the victim's best interests. The advocate will not form ties with the abuser and will keep an objective eye on the situation. Ideally, any physical or emotional abuse that is observed or symptoms that cause the advocate to suspect any misdoings is recorded for future review. A log tracking the progression of the abuse helps defend the argument that the abuse exists.

Conversely, a bad advocate will not act in the best interests of the victim and will often ignore the victim's requests. He/she will maintain personal ties with the abuser, making it difficult for the advocate to be an objective observer of the abuse. A bad advocate does not advocate for the vulnerable adult; he/she allows any signs of abuse to be swept under the rug. If you have a poor advocate, find another.

3 Contact the police if the abuser has broken a law or even if you just think he/she may have broken a law. Assaulting a vulnerable adult, his/her family or friends, stealing and destroying property is a crime.

Do not let the abuser turn the tables on you – he/she may threaten to call the police on you. Realize that this is an intimidation tactic and call the police if the abuser has assaulted you or if you have witnessed an assault of any kind. Call immediately; don't wait.

4 Call the Elder Abuse Hotline and/or Adult Protective Services. http://www.elderabusecenter.org. Your local phone book (usually the Blue Pages) or phone operator can provide you a local phone number. Be prepared to give:

Name of elder
Address (include room number if in a long-term care facility)
Age (if known)
Phone number (if known)
Specifics of what is happening now - Why did you decide to call today?

All calls are confidential.

5 If the elder abuse law in your state is not strong enough to support emotional, psychological, financial or other types of abuse, you may not be able to gain intervention through Adult Protective Services. View laws in your state.

In this instance, contact an elder law attorney. You have legal options that can be resolved in civil court. In some cases, you can intervene by suing for guardianship of your loved one. In other civil cases, a victim of physical or emotional/psychological abuse, neglect or financial exploitation or someone on his or her behalf such as a guardian or conservator can sue the perpetrator directly for monetary damages.

As a part of a civil case, a victim can also sue for injunctive relief. An injunction is a court order that directs someone to perform a specific act or to refrain from performing a specific act. For example, an elder could sue a perpetrator for money damages for injuries sustained from abuse and at the same time ask the court to issue an injunction prohibiting the perpetrator from having any contact with the victim.